Portugese officials are attempting to extradite a British man to stand trial for 1st degree murder even though the man he is accused of attacking is still ALIVE

MP Julian Brazier has stepped into the international row over the attempts to extradite a Canterbury man to Portugal.

Graham Mitchell, 49, from St Martin's Road, was cleared of the attempted murder of a German tourist in the Algarve in 1994.

But Portuguese authorities now want him to face a charge of first degree murder and had him arrested at his home by British police under the European Arrest Warrant.

The Canterbury and Whitstable MP, pictured left, told the House of Commons: "My constituent, Graham Mitchell, was acquitted 18 years ago of attempted murder in Portugal, after being held in prison for more than a year.

"The prosecutor fell asleep during the course of the trial and the assailant did not identify Mr Mitchell as his attacker.

"Eighteen years on, a new application has been made to take him to Portugal on a charge of murder, when the victim is alive and well and playing golf, I believe, in Germany."

Mr Mitchell, a photographer and former Scots Guardsman, says he had just rebuilt his life after the affair and was the happiest he had been for a long time when he was arrested.

He told last week how his life had again become a living nightmare and that he still did not know why he had been arrested

Mr Brazier joins Fair Trials International in working on Mr Mitchell's behalf.

The MP added: "I cannot understand the Portuguese authorities' logic in this case. Under English law if a man is acquitted of murder, unless strong new evidence is found, he is a free man.

"Apart from anything else, how can a man be charged with first degree murder when his alleged victim is still alive? Mr Mitchell has already spent a year in prison for a crime for which he has been acquitted.

"There would seem to be serious shortcomings in the European Extradition Treaty if Mr Mitchell were sent back to Portugal.

"Parliament should debate the matter and I ask the Government to reform the Treaty.

"I am pleased that Mr Mitchell has been supported throughout this difficult time by good legal representation and Fair Trials International."